Judge James Boasberg escalated his legal war against the Trump administration, which started with the deportation of Venezuelan illegal immigrants to El Salvador earlier this month.
Boasberg on Wednesday announced that he found probable cause to begin contempt proceedings against the White House for its refusal to comply with his order to turn the planes carrying the illegals to El Salvador. President Donald Trump had invoked the Alien Enemies Act to justify sending them out of the country.
Despite Boasberg’s Temporary Restraining Order (TRO) instructing the administration to bring the deportees back, the White House transported “two planeloads of passengers protected by the TRO into a Salvadoran mega-prison,” according to the judge’s ruling.
Boasberg further contended that “the Government’s actions on that day demonstrate a willful disregard for its Order” and concluded that there is “probable cause to find the Government in criminal contempt.”
The judge accused the administration of rushing to deport the Venezuelan nationals before his order could take effect. “Rather than comply with the Court’s Order, the Government continued the hurried removal operation,” Boasberg wrote.
He further asserted that, “The Constitution does not tolerate willful disobedience of judicial orders – especially by officials of a coordinate branch who have sworn an oath to uphold it.”
The Trump administration filed an appeal with the DC Circuit Court of Appeals on Wednesday evening to counter Boasberg’s ruling later in the day.
As expected, Trump DOJ (I have to keep writing Trump DOJ to remind myself they're the good guys now) filed notice of appeal of Boasberg's contempt order. pic.twitter.com/CC4ivuPZp6
— Julie Kelly 🇺🇸 (@julie_kelly2) April 17, 2025
If Boasberg is allowed to follow through with contempt proceedings, there will be a process he will follow. Under federal law, a court can punish acts of “disobedience or resistance to its lawful writ, process, order, rule, decree, or command.”
Boasberg will refer the matter for criminal prosecution. If it is determined that a Justice Department lawyer is unable to pursue the case against the White House because it is currently under the Trump administration, the judge can appoint a special prosecutor.
After the special prosecutor initiates the charges, the proceedings will continue similar to a criminal trial. The government’s lawyers would defend the Trump administration before a jury. On the other side, the prosecutor will have to prove beyond a reasonable doubt that the court’s order was clear, that the defendants violated the order, and that the violation was deliberate.
If there is a conviction, several members of the Trump administration could face punishment. These could include Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, ICE leadership, and others.
Penalties could include fines, imprisonment, or both. Courts have wide discretion on these matters, especially if it is proven that the defiance was willful.
Unless a higher court intervenes, this case will almost certainly result in criminal contempt proceedings. Boasberg has shown a distinct bias against the Trump administration on multiple occasions, and given that Democrats have little power in Congress, the courts have been their primary weapon.
It doesn’t seem likely that a conviction would actually result in jail time for members of Trump’s cabinet – but it will definitely provide mountains of fodder for Democrats who are working to improve their odds of regaining some power in the midterm elections.
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